Texas & Pacific Railway Co. v. Arnett

STEPHENS, Associate Justice.

The court erred in striking out the answer of appellant setting up a contract of shipment limiting its liability to its own line, since, although the shipment was one between points in this State, the petition failed to allege that the cattle had been received by appellant for through shipment “on a contract for through carriage,” as provided in article 331a, Revised Statutes, and the answer denied the existence of any such fact or contract.

The court also erred in'finding that appellant had undertaken to deliver the cattle to the Fort Worth Stock Yards, since the…